What can I expect if I file for bankruptcy after I become married? 4 Answers as of August 27, 2010

I lost my job and have about $22,000 worth of debt. I have been thinking about filing bankruptcy for a while now. I am also recently engaged. What are the consequences if I file for bankruptcy after I get married?

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Ariano & Reppucci
Ariano & Reppucci | Chris Ariano
That depends on whether you are going to file an individual bankruptcy while married or a joint petition with your soon to be wife. If you file an individual while married, one issue is that they could take her income into account in determining whether you qualify for Chapter 7. To discuss further please contact us.
Answer Applies to: Arizona
Replied: 8/26/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If you live in California, there are a lot of consequences potentially. For one, you will have to include your spouse's income in the budget which may affect your eligibility to file under certain chapters. Any assets acquired by either of you post-marriage would be included and may or may not be protected (depending on their value). On the other hand, if your spouse makes significantly less money than you and has children (for example), then it may benefit you to file after you are married.
Answer Applies to: California
Replied: 8/26/2010
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